10.5.

2003 EN Official Journal of the European Union C 112/37

Action brought on 3 March 2003 by Mast-Jägermeister Decision of the Oppo- Registration refusedAG against the Office for Harmonisation in the Internal sition Division: Market (Trade Marks and Designs) Decision of the Board of Rejection of the applicant’s oppo- (Case T-81/03) Appeal: sition

Pleas in law: — Infringement of Article 73 of

(2003/C 112/71) Regulation (EC) No 40/94; — Misapplication of(Language of the case to be determined pursuant to Article 131(2) Article 8(1)(b) of Regulationof the Rules of Procedure — language in which the application was (EC) No 40/94; submitted: German) — Incorrect assessment of the similarity of the marks.

An action against the Office for Harmonisation in the

Internal Market (Trade Marks and Designs) was brought beforethe Court of First Instance of the European Communitieson 3 March 2003 by Mast-Jägermeister AG, Wolfenbüttel(Germany), represented by Chr. Drzymalla, lawyer. LicoreraZacapaneca S.A., Zacapa (Guatemala) was also a party to theproceedings before the Board of Appeal.

The applicant claims that the Court should: Action brought on 3 March 2003 by Mast-Jägermeister AG against the Office for Harmonisation in the Internal— annul the decision of the First Board of Appeal of the Market (Trade Marks and Designs) Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 December 2002 (Case R 412/ 2002-1); (Case T-82/03)

— order the defendant to pay the costs.

(2003/C 112/72)

(Language of the case to be determined pursuant to Article 131(2)

Pleas in law and main arguments of the Rules of Procedure — language in which the application was submitted: German)Applicant for Com- Licorera Zacapaneca S.A.munity trade mark:

Community trade mark Figurative mark ‘VENADO’ —

sought: Application No 986455 lodged in An action against the Office for Harmonisation in the respect of goods in Classes 32 and Internal Market (Trade Marks and Designs) was brought before 33 (inter alia mineral and aerated the Court of First Instance of the European Communities waters and other non-alcoholic on 3 March 2003 by Mast-Jägermeister AG, Wolfenbüttel drinks, rum, rum-based liqueurs, (Germany), represented by Chr. Drzymalla, lawyer. Licorera brandy) Zacapaneca S.A., Zacapa (Guatemala) was also a party to the proceedings before the Board of Appeal.Proprietor of mark or The applicantsign cited in the oppo-sition proceedings: The applicant claims that the Court should:Mark or sign cited in Figurative mark consisting of aopposition: stag’s head with a cross, registered — annul the decision of the First Board of Appeal of the in respect of goods in Classes 18, Office for Harmonisation in the Internal Market (Trade 25, 32 and 33 (inter alia Marks and Designs) of 19 December 2002 (Case R 382/ umbrellas, clothing, non- 2002-1); alcoholic beverages in so far as included in Class 32, wines and spirits) — Trade mark No 337337 — order the defendant to pay the costs.